My wife's employer filed H-1B application in July. It is still in processing. Now they want to layoff her. I am on H-1B, so I want to apply H-4 for her immdiately. My questions are:
1) How do we withdraw the H-1B application?
---- If you have receipt of H1 filing then employer or lawyer should write a letter to withdraw it, you cannot withdraw it, employer filed H1 and he got the LCA for H1 filing. How they can layoff her? She never worked with them on H1B, do you mean she was earlier on H1B and they filed H1 extension or transfer?
2) What are the documents needed for H- 4? Can I file it by myself?
----- Yes, you can do it
Fill up the formI-539, attach your H1 approval copy, recent pay stubs and letter from your employer that you are working with them, your skill set and request that your spouse be approved for derivative H4 based on your H1, your I-94 (front and back) your wife passport pages, your wife current I-94 (front and back) and BCIS fees $ 140 at top of package. Write in the cover letter FORM I-539(in bold letters) and write in cover letter documents attached.( I don’t know it is H4 extension or from H1 to H4 extension because I don’t know your wife current status if she is on H1B or on H4, if she is on H4 then only extension is needed and if on H1B then change of status needed and you have to write in I-539, she has to sign the I-539
---- If they employer does not withdraw the H1 that is pending and it is approved then she should not work based on that H1 and then file change of status from H1 to H4
